By Brian Murphy
St. Paul Pioneer Press
MINNEAPOLIS - If Adrian Peterson wants a Texas jury to referee his parenting choices, it is unlikely the banished Vikings running back will be able to defend himself against a child abuse indictment during the 2014 NFL season.
Thirty felony cases are docketed ahead of Peterson in Montgomery County and presiding Judge Kelly Case only has seven open dates this year to schedule jury trials.
“I would say the chances of a trial occurring for him in 2014 are nil,” said Emmett Harris, president of the Texas Criminal Defense Lawyers Association. “Both sides need to get ready for trial. Witnesses need to be prepared. It’s just highly unlikely it would happen that quickly.”
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The Vikings sought and received from the NFL a rarely used roster exemption last week that allowed the team to essentially suspend their franchise player with pay until his criminal case is resolved.
Logistics diminish chances Peterson will play for Minnesota again this season.
He has a constitutional right to a speedy trial, but there are mitigating circumstances. Docket priority is given to older cases and those with jailed defendants. Peterson, who was indicted Sept. 11 on one count of causing injury to a child, is free on $15,000 bail.
Montgomery County First Assistant District Attorney Phil Grant has said similar cases typically take nine to 12 months to go to trial.
Peterson is due in court Oct. 8, when he is expected to formally enter a plea. Grant said his office has not discussed any plea bargain with Peterson’s Houston-based defense attorney, Rusty Hardin.
Hardin’s spokeswoman, Mary Flood, said the lawyer was unavailable for interviews because he was completing a criminal trial in Houston and preparing to start another Monday.
A grand jury accused Peterson of going too far disciplining his 4-year-old son with a switch during a May visit to his offseason home outside Houston.
Peterson acknowledged striking his 4-year-old son like his father punished him growing up in central Texas but denied abusing him. He is preparing to defend his use of corporal punishment.
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“I never ever intended to harm my son. I will say the same thing once I have my day in court,” Peterson said in a Sept. 15 statement.
Hardin said in a statement last week “it will be up to a judge and jury to decide this case, which is the way it should be.”
Peterson’s charge is the lowest-level felony offense in Texas. If convicted, he faces six months to two years in state prison or probation as a first-time offender, according to Polk County District Attorney William Lee Hon, who is not involved in the case.
Hon noted that prosecutors have discretion to reduce punishment to a class-A misdemeanor, which allows for one-year county jail terms, deferred sentences and probation that can wipe out a felony conviction.
“There are a number of potential punishment options on the table for discussion in the Peterson case,” Hon said.
Rural Polk County has a population of 45,000, considerably smaller than nearby Montgomery County (455,000), which is about 40 miles northeast of Houston.
Still, Hon said felony indictments in his county take three months to a year to resolve whether the case is plea bargained or goes to trial.
The NFL regular season concludes Dec. 28.
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The Pioneer Press is a media partner with the Forum News Service.
